Public Act 094-0389
 		





SB1623 Enrolled
LRB094 05732 WGH 42105 b






    AN ACT concerning identification.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 1. Short title. This Act may be cited as the 
Consular Identification Document Act.
 
    Section 5. Definition. As used in this Act, "consular 
identification document" means an official identification card 
issued by a foreign government that meets all of the following 
requirements:
        (1) The consular identification document is issued 
    through the foreign government's consular offices for the 
    purpose of identifying a foreign national who is living 
    outside of
that nation.
        (2) The foreign government requires an individual to 
    provide the following to obtain the consular 
    identification document: (A) proof of nationality; (B) 
    proof of identity; and (C) proof of residence in the 
    consular district.
        (3) The foreign government includes the following 
    security features in the consular identification document: 
    (A) a unique identification number; (B) an optically 
    variable feature such as a hologram or color-shifting inks; 
    (C) an ultraviolet image; (D) encoded information; (E) 
    machine readable technology; (F) micro printing; (G) 
    secure laminate; and (H) integrated photograph and 
    signature.

        (4) The consular identification document includes the 
    following data: (A) the name and address of the individual 
    to whom it is issued; (B) the date of issuance; (C) the  
    date of expiration; (D) the  name of the issuing consulate;  
    and (E) an identification number. The consular 
    identification document must include an English 
    translation of the data fields.

        (5) The issuing consulate has filed with the Department 
    of State Police a copy of the issuing consulate's consular 
    identification document and a certification of the 
    procedures that are used to satisfy the requirements of 
    paragraphs (2) and (3).

 
    Section 10. Acceptance of consular identification 
document.  
    (a) When requiring members of the public to provide 
identification, each State agency and officer and unit of local 
government shall accept a consular identification document as 
valid identification of a person.  
    (b) A consular identification document shall be accepted 
for purposes of identification only
and does not convey an 
independent right to receive benefits of any type.
    (c) A consular identification document may not be accepted 
as identification for obtaining a driver's license or 
registering to vote.
    (d) A consular identification document does not establish 
or indicate lawful U.S. immigration status and may not be 
viewed as valid for that purpose, nor does a consular 
identification document establish a foreign national's right 
to be in the United States or remain in the United States.

    (e) The requirements of subsection (a) do not apply if:
        (1) a federal law, regulation, or directive or  a 
    federal court decision requires a State agency or officer 
    or a unit of local government to obtain different 
    identification;
        (2) a federal law, regulation, or directive preempts 
    state regulation of identification requirements; or
        (3) a State agency or officer or a unit of local 
    government would be unable to comply with a condition 
    imposed by a funding source which would cause the State 
    agency or officer or unit of local government to lose funds 
    from that source.


    (f) Nothing in subsection (a) shall be construed to 
prohibit a State agency or officer or a unit of local 
government from:
        (1) requiring additional information from persons in 
    order to verify a current address or other facts that would 
    enable the State agency or officer or unit of local 
    government to fulfill its responsibilities, except that 
    this paragraph (1) does not permit a State agency or 
    officer or a unit of local government to require additional 
    information solely in order to establish identification of 
    the person when the consular identification document is the 
    form of identification presented;
        (2) requiring fingerprints for identification purposes 
    under circumstances where the State agency or officer or 
    unit of local government also requires fingerprints from 
    persons who have a driver's license or Illinois 
    Identification Card; or 
        (3) requiring additional evidence of identification if

    the State agency or officer or unit of local government 
    reasonably believes that: (A) the consular identification 
    document is forged, fraudulent,
or altered; or (B) the 
    holder
does not appear to be the same person on the 
    consular identification document.
 
    Section 15. Privacy and disclosure
limitations. Use by a 
State agency or officer or a unit of local government of 
information collected from, or appearing on, a consular 
identification document is subject to the same privacy and 
disclosure
limitations that apply to the Illinois 
Identification Card.